June 1999

1999 State Legislation For Telemarketers

BY JERRY CERASALE, DIRECT MARKETING ASSOCIATION

An update of 1999 legislation for telephone marketers, including proposals for do-not-call lists, hours restrictions and caller I.D. blocking is listed here, on a state-by-state basis.

Arkansas law establishes, by January 1, 2000, a single statewide database of telephone numbers of Arkansas residents who object to receiving telephone solicitation calls. The state attorney general must specify methods by which consumers may place their names on the list, how names and telephone numbers may be withdrawn from the list and the frequency with which the database will be updated. Telephone marketers have 10 days to update their lists whenever the official database is updated.

The term "telephone solicitation" does not include calls to consumers with whom the caller has a prior or existing business relationship, calls made in response to prior written or express invitation or permission to call, calls to anyone who has placed a "for sale" sign on their property inviting a telephone response or calls made solely in connection with an existing debt or contractual obligation.

In addition, the law does not apply to licensed real estate agents, motor vehicle dealers or insurance agents soliciting business; investment brokers, dealers and agents registered with the Arkansas Securities Commissioner; calls made on behalf of a charitable organization for which the telephone solicitor receives no compensation for its activities; calls on behalf of federally or state-chartered banks if the call does not relate to credit card offers and telephone calls made on behalf of funeral establishments licensed by the state if the call relates to services provided by the funeral home in its ordinary course of business.

A bill in Texas requires local telephone exchange companies to notify their customers of an option to block calls made by any telephone solicitor who makes more than 25 calls a day. Texas legislation also prohibits misrepresenting the geographic location of a business in a telephone directory ad or database. Calls made to local telephone numbers may not be forwarded outside the calling area.

Legislation in Georgia requires telephone marketers to clearly state the name and telephone number of the business initiating the call within the first 25 seconds of the call and at the conclusion of the call. Additional Georgia legislation requires the consent of all parties before a business communication may be recorded.

A Rhode Island proposal requires written confirmation from the buyer of any goods or services sold through the use of an ADAD.

California legislation requires the attorney general's office to maintain a do-not-call list containing the telephone numbers of telephone subscribers who do not wish to receive unsolicited phone calls. List brokers must purge those names and numbers from any lists they sell. Additionally, pending legislation prohibits misrepresenting the geographic location of a business by placing a misleading ad in a local telephone directory.

A Michigan bill requires the state to maintain a list of persons who object to receiving telephone sales solicitations. Sellers who maintain an in-house do-not-call list as required by federal law are exempt from the legislation.

A measure pending in Minnesota prohibits solicitation calls between the hours of 5:30 p.m. and 7:30 p.m.

A Pennsylvania bill authorizes the state public utility commission to require telephone companies to provide for the identification in their directories of residential telephone subscribers who do not wish to receive telephone solicitations.

A proposal in Maine requires telephone marketers to register and post a $100,000 bond before doing business in the state. The only exemptions are for telephone calls in which the sale of goods and services is not completed and payment is not required until after a face-to-face sales presentation by the telephone marketer and for calls initiated by a customer that are not the result of any solicitation.

A Connecticut bill requires employers who engage in electronic monitoring to inform employees of the types of monitoring which may occur; the information that will be collected; the times during which the monitoring will occur; the location of the electronic monitoring equipment and the identity of the employees who will be monitored. Additional legislation under consideration in Connecticut requires telephone marketers to register and furnish a bond of $50,000 before doing business in the state.

New York legislation requires the following statement at the beginning of any telephone solicitation: "This is a telephone solicitation. If you do not wish to participate, please hang up the telephone." Another New York bill prohibits telephone solicitations after 8:00 p.m.

A bill in Tennessee establishes a database with the Tennessee Regulatory Authority of residents who do not wish to receive telephone solicitation calls.

A Florida measure prohibits telephone solicitors from making unsolicited calls without providing complete caller I.D. information.

North Carolina legislation allows residential telephone subscribers to be placed on a list of persons who do not wish to receive telephone solicitations. Telephone solicitors are prohibited from knowingly using any method to block or otherwise circumvent a telephone subscriber's caller I.D. service. Additionally, a measure in North Carolina prohibits telephone marketers from blocking the display of their information on a telephone subscriber's caller I.D. service.

A Louisiana bill bans all telephone solicitations except those for charitable contributions.

A South Carolina bill requires telephone marketers to furnish, at the called party's request, an address to which the consumer may write to be placed on the marketer's in-house do-not-call list.

Jerry Cerasale is the senior vice president of government affairs at the Direct Marketing Association. He is in charge of DMA's contact with Congress, all federal agencies, and state and local governments.